A Texas judge prohibited the state from using expired drugs in executions, hours before...
Judge Catherine Mauzy in the 419th District Court issued a temporary injunction that prohibits Texas Department of Criminal Justice from injecting the prisoners with expired drugs in violation of several state laws regulating pharmaceuticals, including the Texas Penal Code. The ruling came after a three-hour hearing Tuesday, prompting the state attorney general's office to fight the decision in higher courts.
Alex Kursman, lawyer for the plaintiffs, said although the drugs may be labeled pentobarbital, the fact that they might be “hundreds or thousands of days past their expiration date,” means they might not have the intended pharmacological effect. “What the petitioners have described has never happened,” O’Leary said. “The petitioners' own evidence shows that it was retested as recently as January 2022. It’s proven to be potent and effective.”
The last time the TDCJ received new 100-milliliter vials of pentobarbital was in April 2019, meaning it expired in June 2019 since the drug lasts about 45 days when frozen, according to the United State Pharmacopeia. The decision in Austin set off a chain reaction in the legal system. After the decision came down, Fratta’s attorneys filed a motion in Harris County’s 230th District Court to withdraw his execution date because of the injunction.
Prosecutors opposed the motion, saying that Morton only had limited ability under Texas law to withdraw an execution date and that the civil appeal that led to the injunction had itself violated another court’s orders and legal precedent.
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